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MILLS v. RICHARDSON

No. 768, Docket 71-2172.

464 F.2d 995 (1972)

Luella H. MILLS, on behalf of herself and all other persons similarly situated, Plaintiff-Appellant, v. Elliot L. RICHARDSON, individually and in his capacity as Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 14, 1972.

Attorney(s) appearing for the Case

Herbert L. Warren, Ithaca, N. Y. (Cornell Legal Aid, Ithaca, N. Y., of counsel), for plaintiff-appellant.

Michael Kimmel, Dept. of Justice, Washington, D. C. (Harlington Wood, Jr., Acting Asst. Atty. Gen., James M. Sullivan, Jr., U. S. Atty., and Kathryn H. Baldwin, of counsel), for defendant-appellee.

Before FRIENDLY, Chief Judge, and LUMBARD and MULLIGAN, Circuit Judges.

FRIENDLY, Chief Judge:

The circumstances of this case, alleged in the complaint in this action in the District Court for the Northern District of New York and in an affidavit of an officer of the Social Security Administration submitted to the district court1 are as follows:

In 1959, as a result of the death of her husband and her custody of their three minor children, Merry Lou, Arlee, and Gloria, plaintiff Louella Mills became...

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